I hope you didn't miss Justice Thomas's concurring opinion (p.1770-71) in which he talks about partial incorporation of the EC "to advance, not constrain, individual liberty."
The voucher plan advances liberty by allowing economically-disadvantaged families more educational choices for their children. If the plan had been enjoined under the incorporated EC, it would have constrained the liberty of educational choice.
By the way, since racial minorities are most likely to be attending inner city public schools such as those in Cleveland, is it accurate to think of voucher programs sucah as that upheld in Zelman as civil rights laws designed to provide more equal educational opportunity?
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